On April 28, 2014, the Washington Court of Appeals issued an opinion upholding a $21.8 million judgment against an insurer—$13 million on which was based on a claim for insurance bad faith—in the case titled Miller v Kenny, 2014 WL 1672946, — P.3d —, — Wn.App. — (Apr. 28, 2014). […]
Archive | April, 2014
Water Loss Exclusions Do Not Conflict per Washington Court
By Scott MacLaren on April 24, 2014 in Homeowner's and Property Insurance, Insurance Coverage, Water Loss
Earlier this year, the U.S. District Court for the Western District of Washington addressed the interaction between two exclusions that apply to water damage claims. In Bunch v Nationwide Mut Ins Co., 2014 WL 172261 (W.D. Wash. Jan. 15, 2014) the court considered an insured’s argument that the exclusions conflicted […]
MLR Obtains Directed Verdict in Washington Bad Faith Trial
By Scott MacLaren on April 21, 2014 in Additional Living Expenses (ALE), Consumer Protection Act (CPA), Extra-Contractual Insurance Claims, Fire Loss, Homeowner's and Property Insurance, Insurance Bad Faith, Insurance Coverage, Insurance Fair Conduct Act (IFCA)
On April 16, 2014, Maloney Lauersdorf Reiner attorneys F.J. Maloney and Nick Thede obtained a directed verdict in favor of their client at the trial of Yamaguchi v. Farmers Ins. Co. of Wash., King County District Court, Cause No. 135-02038. The trial involved claims of insurance bad faith and violations […]
Washington Bad Faith Claim Not Barred by Expired Suit Limitation Provision
By Scott MacLaren on April 19, 2014 in Extra-Contractual Insurance Claims, Fire Loss, Homeowner's and Property Insurance, Insurance Bad Faith, Insurance Coverage, Suit Limitation Period
The U.S. District Court for the Western District of Washington, at Tacoma, recently issued an opinion Schnell v State Farm Fire and Cas Co., 2014 WL 1089752 (W.D. Wash. Mar. 18, 2014), concerning the impact of an expired suit limitation provision on an insured’s claim for bad faith. The case concerned […]
Oregon Federal Court Finds Insured Limited to Contract Damages
By Scott MacLaren on April 3, 2014 in Extra-Contractual Insurance Claims, Insurance Bad Faith, Personal Injury Protection (PIP), UM/UIM Insurance
On April 1, 2014, in Braun-Salinas v. American Family Ins. Group d/b/a American Family Mut. Ins. Co., 13-cv-264-AC (D.Or. April 1, 2014), Magistrate Judge John Acosta of the U.S. District Court for the District of Oregon reaffirmed the Oregon principle that an insured is limited to recovering contractual damages from […]
Extrinsic Evidence Properly Considered in Duty to Defend Suit Per Eleventh Circuit
By Scott MacLaren on April 2, 2014 in Commercial General Liability, Duty to Defend, Duty to Idemnify
The United States Court of Appeals for the Eleventh Circuit released an unpublished opinion on March 20, 2014, in Composite Structures, Inc. d/b/a Marlow Marine Sales v. The Continental Ins. Co., — Fed. Appx —, 2014 WL 1069253 (11th Cir., Mar. 20, 2014), addressing whether a court may consider information […]